Universal Access To All Knowledge
Home Donate | Store | Blog | FAQ | Jobs | Volunteer Positions | Contact | Bios | Forums | Projects | Terms, Privacy, & Copyright
Search: Advanced Search
Anonymous User (login or join us)
Upload

Reply to this post | See parent post | Go Back
View Post [edit]

Poster: Aaron GNP Date: Jan 19, 2007 4:11pm
Forum: prelinger Subject: Re: Music in prelinger archive movies - la bamba not public domain?

I too wonder about this. Not the particular movie the original poster refers to, but to other Prelinger titles.

I'm not a copyright authority by any means, but it seems that if we are using samples from the works in the Prelinger library, that is ok, as long as the sample is copied from the files provided by this archive. However, we cannot use a copy of the CD track of La Bamba, since that is not in the public domain and would likely still be copywritten.

AGNP

Reply to this post
Reply [edit]

Poster: mcloughlin Date: Jan 20, 2007 7:16am
Forum: prelinger Subject: Re: Music in prelinger archive movies - la bamba not public domain?

Yes but the problem is, how are you supposed to know what is public domain and what is not. La Bamba may be easier to know but most of the prelinger music tracks have no vocals and are more like film music, how is anyone supposed to figure out if it is public domain or not. I always thought all the prelinger archives were public domain but now I know they are not and you still have to personally risk infringement using any of them, so really I lost most all interest in trying to use them for anything as I am not about to spend any of my few dollars to send movies off to some expensive lawyer or company to do a public domain search for me on prelinger archive movies so he can tell me what I can use or not from each and every one of the 1000+ archive movies that I was thinking about wanting to use some music track from. I could never afford to probably get even one movie checked out properly, let alone the hundreds I want to use sound clips or music tracks from.

This post was modified by mcloughlin on 2007-01-20 15:16:32

Reply to this post
Reply [edit]

Poster: Visual16 Date: Jan 20, 2007 8:15am
Forum: prelinger Subject: Re: Music in prelinger archive movies - la bamba not public domain?

Having watched hundreds of these films, finding something recognizable is actually a difficult task. There are actually people out there who think that singing "Happy Birthday to you" is a copyright infringement. I would say if you are really uptight about this, find Richie Valens publisher and ask about form SR licencing for "La Bamba" I don't see how a scratchy optical soundtrack rendition excerpt affects this enormous body of Public Domain footage, in that most of the music is anonymous and we would LOVE TO BUY more of it, but no one even knows who wrote or recorded it. They aren't given credit on the films themselves! I don't believe they are trying to snare anyone into trouble with this, one of the most profound contributions to the entire Internet. I think most people would leave this thread alone but that's my two cents as a private user, not representing this archive...

Reply to this post
Reply [edit]

Poster: scooter_nyc Date: Feb 12, 2007 6:21am
Forum: prelinger Subject: Re: Music in prelinger archive movies - la bamba not public domain?

Amen. You know, one of the huge problems with the public being generally more aware of copyright issues is that there's a lot of misinformation and assumption floating around out there. Intellectual property is not an easy subject, especially if we're talking about the use of music in films.

To the original poster: if you feel that the use of the song in question is going to get you into some sort of legal trouble on your project, then simply don't use it!

Reply to this post
Reply [edit]

Poster: MediaWhore Date: Mar 7, 2007 7:48pm
Forum: prelinger Subject: Re: Music in prelinger archive movies - la bamba not public domain?

I have often wondered about this same issue myself. I would suspect that no authority from the prelinger archives has responded to this thread is that since this is a murky area they do not want to get caught in the middle should any legal issues arise. Overall I would think that 99.999% of all this material is perfectly legal but it leaves you wondering about that other .01%

Reply to this post
Reply [edit]

Poster: adisonedu Date: Sep 22, 2007 1:38am
Forum: prelinger Subject: Re: Music in prelinger archive movies - la bamba not public domain?

There is a specific timeline where audio becomes public domain unless the people making it are still kicking and have not left it in their will.

We went through this a while back and were told at that time that if we paid a royalty fee for music within the public domain we would be covered.

From what I remember this fee went to the writers guild as I guess a donation to support writers. Which was all fine and dandy but when you play the fine line between old music and newer music you have to have lawyers on staff and a whole lot of money just in case someone wants to sue you like napster.

It is best to stay a few years behind the "public domain line"

Preston White
http://www.adison.edu

This post was modified by adisonedu on 2007-09-22 08:38:44

Reply to this post
Reply [edit]

Poster: YakYak Date: Sep 25, 2007 8:28pm
Forum: prelinger Subject: Re: Music in prelinger archive movies - la bamba not public domain?

Music and lyrics published in 1922 or earlier are in the Public Domain in the United States. No one can claim ownership of a song in the public domain, therefore public domain songs may be used by anyone.

Sound recordings, however, are protected separately from musical compositions. There are no sound recordings in the Public Domain in the USA.

Although this may be true you need to do lots of research if you intend to use music of which you are unsure about that could be in the public domain. Due diligence research before you get sued should be priority #1

Reply to this post
Reply [edit]

Poster: NewSpybot Date: Jan 17, 2008 5:51pm
Forum: prelinger Subject: Re: Music in prelinger archive movies - la bamba not public domain?

La bamba name is owned but the rights of the use is in public domain is this what you are saying or am reading this wrong. I have found that if you go back far enough like to the early 20's or maybe early 30's you can use the name of most book titles and even the copy written, but I am not sure of the Name La bama...


Just my opionion
New Spybot
http://www.new-spybots.com

Reply to this post
Reply [edit]

Poster: Tony Snow Date: Feb 16, 2008 5:04am
Forum: prelinger Subject: Re: Music in prelinger archive movies - la bamba not public domain?

To me there is no room for error on this topic. Copy right laws are enforced because people deserve to be paid for their personal creations!! Without the laws original works would have no value. Even a very popular song like La Bamba needs to be protected because if it not its values goes to nothing!!
We live a world where when people are given an inch they seem to take a mile. My view is for strong enforcement of all copy right laws to protect everyone personal creations!

Tony

This post was modified by Diana Hamilton on 2008-02-16 13:04:12

Terms of Use (10 Mar 2001)